A. The defendant of mistake of facts is unilaterally assaulted by the victim, and there is no such assault as in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The Defendant alleged that the lower court had the same purport as the lower court rendered judgment on the assertion of mistake of facts.

As to this, the lower court rejected the Defendant’s assertion and found the Defendant guilty of the instant facts charged in full view of the circumstances as indicated in its reasoning, which are revealed through the evidence duly adopted and examined and the above evidence.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts as alleged above by the defendant.

B. Comprehensively taking account of the grounds for sentencing indicated in the instant argument and records on the assertion of unfair sentencing, the lower court appears to have reasonably decided by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.